There are increasing noises about defamation proceedings being brought against bloggers – and there have been relatively high profile victims of what can be described as nuisance suits and threats that in reality come to nothing.
The Law Society Gazette has published an article regarding the changes to the practice of so-called ‘media lawyers’ as a result of the increasing use of the internet. It is an interesting article and you can find it here.
Trade Unions use some of their funds to provide legal assistance to their members. Other associations very often provide for complaints systems and where those systems prove inadequate, they provide for legal assistance for their members. Many professional bodies provide for legal assistance for their members, others provide such assistance through membership of a defence union or similar structure. As a Barrister, I am required to purchased indemnity insurance in order to practice.
Does anyone else think that we, as political bloggers, should form an association, where the priority will be to use the membership fees to purchase insurance for members to cover the costs of legal fees in circumstances where we are sued for defamation?
To do this, we would need to establish some rules of engagement. That would, I accept, limit some of the more extreme commentary that is occasionally seen in blogs, but it would also provide for legal advice and assistance where members have real defences to extreme and nuisance claims being brought against them.
I have not explored the possible costs of such insurance, and we would need to approach people with expertise in this area before deciding on membership fees – but if we were to establish such an association, we could use the opportunity to provide a ‘seal’ or ‘badge’ of membership which would be place on our blogs and which would advertise to the world that we consider ourselves to be serious (whether we are in reality or not) and that we will defend ourselves against the more spurious claims that do from time to time get made against us.
What do you think?
3 comments:
Evan,
I was thinking about these sort of issues just before Christmas, though without the benefit of your expertise and legal experience. I think your idea is a good one, though of course the devil would be in the detail.
My original thoughts were less along the lines of a trade association (we could, as bloggers, probably become BAJ or NUJ members, I suppose), but more an online version of the Press Complaints Association, with the ability to arbitrate disputes, to prevent them becoming legal disputes in the first place, but with proper redress for those who have truly been defamed by the blogosphere (which we must admit is a serious risk).
If you were prepared to pull together some plans in detail, I'd be happy to help you with whatever arrangements would be necessary.
I can be reached via Politicalbetting.com or at morus1516 [AT] hotmail [DOT] com.
All the best
Morus
I think it is a good idea Evan to be honest though in addition to what Morus said I would also like to see it take on a campaigning brief maybe on wider internet issues...
I have blogged about it and been told in my comments section that 'big' bloggers Iain Dale and Guido are against it which I think shows the problem we have with the blogsphere which is basically that it is a bit individualistic in nature...contact details are on my blog :)
I work for a professional indemnity insurance company in Australia called BizCover. I personally think that what you propose is an excellent idea. You would likely benefit from the mass negotiating power from such an association, although it would be interesting to see what insurers deem to be an appropriate policy given the risk.
Cheers,
Stas from BizCover Professional Indemnity Insurance Australia
Website: BizCover Homepage
Blog: BizCover Professional
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